Terms of Service (End User License Agreement - EULA)

Updated 8/20/2023

This End User License Agreement (“EULA”) is a legal agreement between you (“End User” or “you”) and Broad Arrow, Inc. (dba “Sheet Gurus,” “we,” “us,” or “our”). Sheet Gurus provides a business texting software solution designed to enhance your business communication. By installing, accessing, or using the Software, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this EULA.

License Grant

Subject to the terms and conditions of this EULA, Sheet Gurus hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Software solely for your internal business purposes. This EULA applies to all tiers or versions of the Software unless otherwise specified.

Restrictions

You agree not to, and not to permit others to:

Copy, modify, adapt, or create derivative works based on the Software. Rent, lease, sublicense, sell, or distribute the Software to any third party. Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software. Use the Software for any unlawful purpose or in violation of any applicable laws or regulations. Use the Software in a manner that could damage, disable, overburden, or impair any Sheet Gurus server or networks connected to any Sheet Gurus server. Use the Software to send unsolicited messages or communications, or to send messages or communications that are harassing, defamatory, or otherwise objectionable. Remove, alter, or obscure any copyright, trademark, or other proprietary notices contained in the Software.

Intellectual Property

The Software is the property of Sheet Gurus and is protected by copyright, trademark, and other intellectual property laws. Sheet Gurus reserves all rights, title, and interest in and to the Software, including, without limitation, all intellectual property rights therein. Users cannot claim any ownership rights in the Software, regardless of any modifications or contributions they might make.

Support and Updates

Sheet Gurus may, at its sole discretion, provide updates, upgrades, or support for the Software. Updates may be automatic or subject to user acceptance. Any support provided may be subject to additional fees unless otherwise specified.

Refunds and Cancellations

Free Trial Period

Eligibility
  • All new users are eligible for a 30-day free trial period, during which they receive 50 credits to use our services.
  • The free trial will automatically convert to a paid subscription if either the free credits are used or the 30-day period lapses, whichever occurs first.
Automatic Conversion
  • Upon the completion of the free trial period, either by using all given free credits or by reaching the 30-day limit, the user’s account will automatically transition to a paid subscription plan.

Cancellations

During Free Trial
  • Users can cancel their subscription at any time during the 30-day free trial period without incurring any charges. If the user cancels before using all 50 credits or before the 30-day period lapses, they will not be charged.
After Free Trial
  • Once the free trial period converts to a paid subscription, the user may cancel their subscription at any time. However, they will be responsible for any charges incurred up to the date of cancellation.

Refunds

Refund Policy
  • We are committed to providing high-quality service to our users. In cases where a user deems their experience unsatisfactory, we may offer refunds on a case-by-case basis.
  • Refund requests must be submitted within 30 days of the conversion to a paid subscription.
Assessment
  • Each refund request will be individually assessed to determine eligibility. Factors such as service usage, technical issues, and other relevant circumstances will be considered in the assessment process.
Refund Process
  • If a refund is granted, it will be processed within a reasonable timeframe, and the user will be notified of the refund status. The refund will be issued using the same payment method used for the original transaction unless otherwise agreed upon.
Non-Refundable Situations
  • Refunds will not be granted for issues arising from misuse of the service, failure to understand the service’s features, or other reasons deemed inappropriate after assessment.

Contact

  • For cancellations or to request a refund, users should contact our customer support team at help@sheetgurus.com We aim to respond to all requests within 2 business days.

Termination and Suspension

Sheet Gurus reserves the right to suspend or terminate your access to the Software at its sole discretion, for any reason, with or without notice. Additionally, Sheet Gurus may suspend your access to the Software if you are found in breach of any term or condition of this EULA, pending investigation or resolution.

Messaging Compliance

You are responsible for ensuring that your use of Sheet Gurus and all messages sent through the Software comply with applicable laws, regulations, carrier requirements, messaging industry standards, and third-party messaging policies, including Twilio’s Messaging Policy.

This responsibility includes, without limitation:

  • Obtaining and maintaining all consents required to send messages to recipients.
  • Sending messages only for purposes covered by the recipient’s consent.
  • Honoring opt-out requests and other messaging preferences.
  • Providing accurate and complete information about your business, messaging use case, and opt-in process.
  • Keeping information associated with your messaging program current if your business practices or messaging use case change.
  • Complying with the Terms of Service, Privacy Policy, opt-in disclosures, and other consumer-facing representations associated with your messaging program.

Sheet Gurus may use information you provide to generate and host Terms of Service, Privacy Policies, opt-in disclosures, or other compliance-related materials on your behalf. These materials identify your business as the operator of the applicable messaging program.

You are responsible for reviewing these materials and ensuring that they accurately reflect your business practices and messaging activities. By submitting a messaging verification request or using a messaging program associated with these materials, you represent that the information you provided is accurate and agree to comply with the representations and commitments contained in the materials hosted on your behalf.

If information about your business, messaging practices, use case, or opt-in process materially changes, you are responsible for providing updated information and, where applicable, submitting a new verification before using the Software in a manner inconsistent with the previously provided information.

Sheet Gurus does not sell or transfer messaging consent between customers, and you may not use the Software to send messages based on consent that was purchased, rented, transferred, or otherwise obtained in violation of applicable requirements.

Sheet Gurus may suspend or restrict messaging activity that it reasonably believes violates these requirements, applicable law, third-party messaging policies, or the representations made in connection with a messaging verification.

Compliance materials generated or hosted by Sheet Gurus are provided to facilitate use of the Software and do not constitute legal advice. You remain responsible for determining whether your messaging activities and consumer-facing disclosures satisfy your legal obligations.

Indemnification

You agree to indemnify, defend, and hold harmless Sheet Gurus, Broad Arrow, Inc., and their officers, directors, employees, and affiliates from and against claims, liabilities, damages, losses, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

  • Your use of the Software in violation of this EULA;
  • Messages or communications sent through your account;
  • Your failure to obtain or maintain required consent from message recipients;
  • Your violation of applicable messaging, privacy, consumer protection, or telecommunications laws or regulations;
  • Inaccurate information provided by you in connection with a messaging verification; or
  • Your failure to comply with consumer-facing Terms of Service, Privacy Policies, opt-in disclosures, or other representations associated with your messaging program.

Disclaimer of Warranty

THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SHEET GURUS DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. Users are responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output.

Limitation of Liability

IN NO EVENT SHALL SHEET GURUS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR YOUR USE OF THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA. Direct damages, if any, shall be limited to the amount paid for the Software.

Governing Law

This EULA shall be governed by and construed in accordance with the laws of the State of California, USA, excluding its conflicts of law principles. Any disputes arising under or in connection with this EULA shall be subject to the exclusive jurisdiction of the courts located in State of California, USA.

General

This EULA constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings. Sheet Gurus reserves the right to modify this EULA at any time.

For questions or concerns about this EULA, please contact us at help@sheetgurus.com.